Vipin Kumar Gupta & ORS. v. The State Of NCT Of Delhi & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3084/2024 VIPIN KUMAR GUPTA & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr.

Vinod Kumar, Advocate.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kumar, Adv. along with SI Sonu Kumar Jha, P.S. Ambedkar Nagar.

R-2 with her counsel Mr. Sparsh Jhamb, Advocate.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.10.2024 CRL.M.A. 29862/2024 (EXEMPTION) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 3084/2024 3.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.) has been filed by the petitioners, praying for quashing of FIR bearing No. 85/2023, dated 22.02.2023, registered at Police Station Ambedkar Nagar, Delhi for offences punishable under Sections 498-A/406/34 of Indian Penal Code, 1860 („IPC‟).

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Notice. Mr. Sanjay Lao, Standing Counsel accepts notice on behalf of the State. Mr. Sparsh Jhamb, Advocate accepts notice on behalf of respondent no. 2.

5.

Brief facts of the case are that on 08.11.201, the marriage between petitioner no. 1 and respondent no. 2 was solemnised. Out of the said wedlock, a girl child namely Kavya Gupta was born on 04.01.2016. On 22.02.2023, the aforementioned FIR was lodged on the complaint of respondent no. 2. Subsequently, with the intervention of the family members and relatives, the parties amicably settled their disputes in January, 2024 and decided approach this Court for quashing of the FIR. 6.

The petitioners as well as respondent no. 2 are present before this Court and have been identified by their respective counsel Mr. Vinod Kumar and Mr. Sparsh Jhamb and also by Investigating Officer (IO) Sonu Kumar Jha, from Police Station Ambedkar Nagar.

7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat.

8.

Today, the complainant who is present in Court states that she is now living happily at her matrimonial home and has no objection if the FIR is quashed. The parties also undertake that they will withdraw all the cases filed against each other.

9.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a matrimonial dispute, this Court is of the opinion that no useful purpose will be served by continuing the proceedings, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

10.

Accordingly, FIR bearing No. 85/2023 dated 22.02.2023 registered at Police Station Ambedkar Nagar, Delhi for offences punishable under Sections 498-A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J OCTOBER 4, 2024 Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.